What Went Wrong and How do we Fix the Patent System?

IPWatchdog Unleashed

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The So What from BCG

1
Re-Recruiting and Other New HR Strategies You Can’t Ignore 18:09

منذ 4 أيام18:09

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18:09

HR is no longer just about managing people—it’s about shaping the future of work. Jens Baier, BCG’s HR transformation expert, discusses how AI and shifting employee expectations are forcing companies to rethink talent strategies. From re-recruiting to upskilling employees, HR must adapt to a rapidly changing landscape. Learn More: Jens Baier: https://on.bcg.com/41ca7Gv BCG on People Strategy: https://on.bcg.com/3QtAjro Decoding Global Talent: https://on.bcg.com/4gUC4IT…

منذ عام واحد 59:43

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This week on IPWatchdog Unleashed I speak with my long-time friend, John White. Many in the patent community no doubt already know John quite well. Over 30 years ago he created the PLI Patent Bar Review Course that upwards of 40,000 patent practitioners have successfully used to study for the Patent Bar Exam. Today, John continues to teach the patent bar review, but he is also Special Counsel with Harness IP, where he represents clients all over the world and provides expert witness services.
I’ve known John since 1999 when I first started teaching the PLI Patent Bar Review Course, and we have been great friends ever since. Our conversation this week was much like any number of conversations we have had over the years over dinner or drinks.
What prompted me to ask John to speak with us this week was an article he recently wrote, which we published on IPWatchdog. It was styled as an open letter to Elon Musk and Vivek Ramaswamy, the co-leaders of the Department of Government Efficiency. In that article John explains that “the patent system is currently foundered”, but that it can be fixed with “focus and ongoing commitment to see the fixes through to results.” So, that is where we start our conversation, like so many we have had over the last 26 years—what is wrong with the patent system and how should it be fixed.

Visit us online at IPWatchdog.com.
You can also visit our channels at YouTube, LinkedIn, X, Instagram and Facebook.

38 حلقات

#News Talk #News #Gene Quinn

IPWatchdog Unleashed

What Went Wrong and How do we Fix the Patent System?

IPWatchdog Unleashed

published منذ عام واحد

MP3•منزل الحلقة

Visit us online at IPWatchdog.com.
You can also visit our channels at YouTube, LinkedIn, X, Instagram and Facebook.

38 حلقات

#News Talk #News #Gene Quinn

كل الحلقات

IPWatchdog Unleashed

1
Engines of Innovation: How Universities Propel America Forward 48:09

منذ 6 أيام48:09

48:09

This week on IPWatchdog Unleashed we take a dive into the world of university technology transfer with Laura Peter, who is the Executive Director of the University of North Carolina Charlotte Office of Research Commercialization and Partnerships and is a former Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the United States Patent and Trademark Office (USPTO) during President Trump’s first term. We begin our conversation discussing how Peter found herself at the Patent Office when Andrei Iancu was Director. Peter tells us that years ago when she was general counsel for a publicly traded company, she hired Iancu’s firm to represent the company. Fast forward 15 years and Iancu has become Director, and he reached out to Peter to see if she was interested in helping him at the Patent Office. We pivot to discuss how Peter found herself in her current role as the head of the technology transfer program at UNC Charlotte. We also spend time discussing core patent issues surrounding law, policy and the business of innovation. And our wide-ranging conversation goes on to discuss how other countries engage price control tactics on drugs, which means the United States is subsidizing drugs for the entire world, which is a trade problem and not a patent problem. We proceed to discuss startups, patent eligibility reform, the Patent Trial and Appeal Board and much more. Visit us online at IPWatchdog.com . You can also visit our channels at YouTube , LinkedIn , X , Instagram and Facebook .…

IPWatchdog Unleashed

1
Standards, AI & the Data Transparency Imperative 54:51

منذ 13 يومًا54:51

54:51

This week on IPWatchdog Unleashed we take a look at the importance of data transparency and standards for artificial intelligence (AI) and standard essential patents (SEPs). Our guest is Tim Pohlmann, who is the Managing Director for the Americas at LexisNexis Intellectual Property Solutions. And before he joined LexisNexis, Tim was the founder and CEO of IPLytics. Tim has worked at the intersection of data and standard essential patents for a long time, and the themes of data integrity, data transparency and how data can be used to influence and inform decision-making was the focus of our conversation. We being our conversation talking about entrepreneurship and leadership from the perspective of a founder and owner of a company that has been acquired, which is a welcome and happy occurrence, but not without challenges. As we pivoted the conversation to begin discussing data, standard essential patents and artificial intelligence, we transitioned by discussing first how the industry continues to evolve and never stays the same for very long, how there is so much innovation in the industry, and how there are economic and national security implications with China understandably wanting Chinese companies to dominate the technology future and the United States understandably wanting American companies to dominate. This can lead to tensions, and China, the U.S. and Europe all seem to be jockeying to set the technology standards of the future. We proceed to talk about the United States and China competing on technology lead us into a conversation about AI and the role standards will play, which was front of mind probably because we recorded this conversation right as news of DeepSeek, China’s allegedly new super-advanced AI, was breaking. As we pivoted away from AI and into more traditional standard essential patents, particularly focusing on telecommunications (i.e., 5G and 6G), I acknowledge that while there will be need for AI standardization, and there will be a lot of unique questions arise in that context, we still don’t have a lot of answers in a number of critical areas for well-known and well-established technologies. This paved the way for us to discuss FRAND and to tackle the question about whether a FRAND rate really exists in the first place. Our conversation goes on to discuss implementers understandably wanting to pay only to license patents that cover technologies that are actually included in the adopted standard, the potential that the Federal Circuit will rule that lump sum license payments are not relevant to determining a fair and reasonable licensing rate, what considerations go into converging on a rate that is FRAND, bulk discounting, and the role data plays in lifting the curtain so implementers who are themselves competitors with other implementers can determine whether they are getting a rate that will make them uncompetitive, and much more. Visit us online at IPWatchdog.com . You can also visit our channels at YouTube , LinkedIn , X , Instagram and Facebook .…

IPWatchdog Unleashed

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Patents and the Future of the PTO in Trump's Second Term 55:57

منذ 20 يومًا55:57

55:57

This week on IPWatchdog Unleashed we enter the world of innovation politics with a discussion about what to expect for the patent world during President Trump's second term, what to specifically expect from the Patent Office, what to expect in Congress relating to the patent reform bills that we can expect to be reintroduced, which are namely PREVAIL, which relates to reforming the Patent Trial and Appeal Board (PTAB), the Patent Eligibility Restoration Act (PERA), which relates to reforming the law on patent eligibility to make it easier to patent software—including artificial intelligence—and to make medical diagnostics patentable again, and RESTORE, which relates to overruling the Supreme Court’s 2006 decision in eBay v. MercExchange , which has made it virtually impossible to obtain injunctive relief even when patent owners win and prove ongoing infringement. The conversation that you will hear happened at the annual IPWatchdog PTAB Masters™ program, which was held at the end of January at IPWatchdog Studios. The panelists were Chief Judge Paul Michel, former Chief Judge of the United States Court of Appeals for the Federal Circuit, David Kappos, a partner with Cravath and a former Director of the Patent Office during President Obama's first term, and Chris Israel, who is a senior partner at American Continental Group and served in the George W. Bush White House as the first U.S. International Intellectual Property Enforcement Coordinator. Also joining the conversation is Scott McKeown, who is a shareholder at Wolf Greenfield and was Chair of the PTAB program. Scott, as most of you know, is also one of the leading experts on PTAB practice in the United States. We discuss the almost certain reintroduction of PREVAIL, PERA, and RESTORE, as well as the odds of getting patent reform during this Congress—which no one thinks was very likely unless President Trump himself steps up and makes it a priority. We also discuss the “helter-skelter” nature of the U.S. patent system, where the pieces don't fit together, don't integrate, leads to low predictability, and innovation-killing reality that simply does not incentivize investment in innovation. We also discuss the Administrative Patent Judges (APJs) of the PTAB being ordered back to the Office, and what that will mean for the number of petitions challenging patents that could possibly be instituted. And we discuss how antitrust enforcement would be unnecessary if we had a strong patent system that let young companies compete fairly based on innovation merit, and how Elon Musk is almost dead-on correct when he says that patents are for the weak—although Chris Israel suggested it would make more sense to say that “patents are for the young”. Visit us online at IPWatchdog.com . You can also visit our channels at YouTube , LinkedIn , X , Instagram and Facebook .…

IPWatchdog Unleashed

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Bad Patents, Thwarted Patent Reform, and a Failure to Adapt 44:18

منذ 27 يومًا44:18

44:18

On this episode of IP Watchdog Unleashed we speak with Scott McKeown, who is a shareholder at Wolf Greenfield. Scott leads the firm’s post grant patent practice, and he is the author of PatentsPostGrant.com, which provides inside views and news pertaining to the Nation’s busiest patent court, the Patent Trial and Appeal Board (PTAB) at the United States Patent and Trademark Office (USPTO). As many in the industry no doubt know, Scott is recognized as one of the leading authorities on PTAB practice, including inter partes review (IPR) proceedings, post grant review (PGR) proceedings, as well as reexamination and reissue proceedings, which often follow on PTAB proceedings. Scott is not only a good friend, but he is also the Chair of our annual PTAB program, which took place this year from January 27 to January 29 at IPWatchdog Studios. This conversation with Scott took place before a live studio audience as a part of our PTAB Masters™ 2025 program. He's one of the most prolific representatives in the PTAB arena, dealing with IPR, PGR. He also handles reexaminations and the like. And he's also a very good friend of mine, and he's the chair of our PTAB program every year, which we're doing this, actually is live. Our conversation was wide ranging but was dominated by discussion of patent reform efforts and whether the PTAB is working as intended. Visit us online at IPWatchdog.com . You can also visit our channels at YouTube , LinkedIn , X , Instagram and Facebook .…

IPWatchdog Unleashed

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Building a Better Mouse Trap: How to Succeed as an Entrepreneur 52:15

منذ 5 weeks52:15

52:15

This week on IPWatchdog Unleashed I had the opportunity to speak with my good friend Louis Foreman. Louis is the Chief Executive Officer of Enventys, which is a full-service product launch company that handles all aspects of product development, crowdfunding and ecommerce marketing. In addition to Enventys, Louis is a prolific inventor himself, he is also an Assistant Professor of Entrepreneurship at Wake Forest University, and as if that isn't already enough, Louis was the creator of the Emmy award-winning PBS TV show Everyday Edison that so many people in the community remember. I've counted Louis as a friend for close to 20 years, so it was good to sit down for a conversation, even if that conversation took place remotely. As our conversation unfolded it became clear pretty quickly that the focus would be on entrepreneurship, particularly the trials and tribulations of entrepreneurs looking to dive into the startup world with an innovative product. “There's three P's that I like to share with all entrepreneurs and all inventors,” Foreman said. “The first P is passion. If you're not passionate about what you're doing, find something else… The second P is patience. Inventors and entrepreneurs don't have a whole lot of it, but you need to because it's going to take longer than you expect. You're not going to become a billionaire overnight. It's going to take longer than what you expect to just be ready for the long haul. And the third P is persistence because life is going to throw all sorts of obstacles in front of you. There's going to be all these roadblocks or detours, and you're going to question whether or not you should even go forward… But if you really believe in what you're doing, you'll eventually succeed.” Visit us online at IPWatchdog.com . You can also visit our channels at YouTube , LinkedIn , X , Instagram and Facebook .…

IPWatchdog Unleashed

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Law & Politics of Drug Price Controls & Pharma Innovation 48:58

منذ 6 weeks48:58

48:58

This week on IPWatchdog Unleashed we talk about pharmaceutical patents, pharmaceutical patent policy, and innovation. As you may recall, back in 2022, the Inflation Reduction Act passed. And as part of that law, it gave the federal government the opportunity for the first time to “negotiate” drug prices for Medicare. The Biden Administration has viewed this as fantastic. It has allowed them to control drug prices and drug costs for Medicare. The problem is it's not really a negotiation in any fair sense of the word. What happens is the federal government identifies the drugs on which the U.S. government spends the most amount of money, and then they tell the drug companies that you will either take our offer or you will be fined, and the fines are ruinous—in the billions of dollars. So, the IRA negotiation nothing more than a price fixing, price controlling scheme. So why is this an issue for us to consider today if the IRA passed in 2022? Literally on the way out the door, last week Health and Human Services identified 15 more drugs that are now going to be forced into this price fixing “negotiation” scheme. Visit us online at IPWatchdog.com . You can also visit our channels at YouTube , LinkedIn , X , Instagram and Facebook .…

IPWatchdog Unleashed

1
What Went Wrong and How do we Fix the Patent System? 59:43

منذ 7 weeks59:43

59:43

This week on IPWatchdog Unleashed I speak with my long-time friend, John White. Many in the patent community no doubt already know John quite well. Over 30 years ago he created the PLI Patent Bar Review Course that upwards of 40,000 patent practitioners have successfully used to study for the Patent Bar Exam. Today, John continues to teach the patent bar review, but he is also Special Counsel with Harness IP, where he represents clients all over the world and provides expert witness services. I’ve known John since 1999 when I first started teaching the PLI Patent Bar Review Course, and we have been great friends ever since. Our conversation this week was much like any number of conversations we have had over the years over dinner or drinks. What prompted me to ask John to speak with us this week was an article he recently wrote, which we published on IPWatchdog . It was styled as an open letter to Elon Musk and Vivek Ramaswamy, the co-leaders of the Department of Government Efficiency. In that article John explains that “the patent system is currently foundered”, but that it can be fixed with “focus and ongoing commitment to see the fixes through to results.” So, that is where we start our conversation, like so many we have had over the last 26 years—what is wrong with the patent system and how should it be fixed. Visit us online at IPWatchdog.com . You can also visit our channels at YouTube , LinkedIn , X , Instagram and Facebook .…

IPWatchdog Unleashed

1
Patent Pools, Patent Dealmaking and Outrageously Good Audio 51:41

منذ 8 weeks51:41

51:41

This week on IPWatchdog Unleashed I speak with Heath Hoglund, who until several years ago was Vice President of IP and Standards for Dolby. About 3 years ago Heath left Dolby and became President of Via Licensing Alliance, which we discuss in some detail in our conversation. And truth be told he really didn’t leave Dolby. Via administers patent pools and has historically been heavily invested in the audio arena, and with Dolby being one of the premiere audio innovators of all time it is hardly a surprise that Dolby has been a long time participating and is one of the major patent owners who participates in the patent pools administered by Via. One of the first things Heath did as President of Via was to work on merging with MPEG-LA, which was a patent pool administrator that was primarily focused on video related technologies. So, today, Via Licensing is a major player in both audio and video technologies. During our conversation we discuss wide ranging issues, from the inevitability that there will be some implementers who do not want to take a license and will require patent owners to litigate, to the changing landscape, particularly in China where companies have evolved from merely needing a license to also being a licensor, to the European Union working toward regulating SEPs, and much more. Visit us online at IPWatchdog.com . You can also visit our channels at YouTube , LinkedIn , X , Instagram and Facebook .…

IPWatchdog Unleashed

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The Role of Patents in Innovation History, From the Industrial Revolution to Today 55:15

منذ 9 weeks55:15

55:15

This week on IPWatchdog Unleashed we speak with Arthur Daemmrich, who is the Director of the Consortium of Science, Policy and Outcomes at Arizona State University. Arthur is a historian who was previously director of the Lemelson Center for the Study of Invention and Innovation at the Smithsonian Institution. We speak with Arthur this week about the role patents have played in innovation, dating back to the Industrial Revolution. We also discuss the invention of the video game by Ralph Baer, Samuel Colt and his mass produced six-shooter known as the gun that won the West, Henry Ford and the assembly line, how and why Elon Musk succeeded with Tesla, and much more. Visit us online at IPWatchdog.com . You can also visit our channels at YouTube , LinkedIn , X , Instagram and Facebook .…

IPWatchdog Unleashed

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How In-Game Experiences Enable New Licensing Revenue for IP Owners 47:33

منذ 10 weeks47:33

47:33

This week on IPWatchdog Unleashed we are going to dive into the online gaming and game development world in a conversation about gaming, intellectual property, licensing, game development, branding and much more. Our conversation this week focuses on Spaceport Technologies, which is a technology company that enables brand owners to monetize their IP and game platforms to offer content creators the ability to license the use of those brands within their game environment. To do this Spaceport uses innovative technology that reduces transaction costs and allows for the monetization of intellectual property assets. In fact, through the use of Spaceport protocols and apps the acquisition of rights and payment for those rights through numerous small dollar value transactions is not just faster and easier, the deals actually become possible. So, with that backdrop, let me introduce our guests. First is Dan Temkin, who is General Counsel and Head of Intellectual Property for Spaceport Technologies. He began his career working for Procter & Gamble, where he spent nearly a decade. It was while he was at P&G that he became first introduced to intellectual property, telling me that as he worked with the IP attorneys, he came to the conclusion that what they were working on was “a lot more interesting” than what he was working on. Reaching that conclusion led him to Boston University for law school and ultimately a career in intellectual property law. Our second guest this week is Jay Kolbe, a co-founder of Impact Partners, which is a strategic communications firm that focuses on family offices, venture capital and startup founders. Jay is a specialist in marketing technology-focused PR. He develops influential communications programs that increase the valuation of the companies he advises. And in addition to working with Spaceport, Jay also works with Josh Harlan and Harlan Capital, who we spoke with several weeks ago about how they invest in and monetize recurring IP revenue streams. Visit us online at IPWatchdog.com . You can also visit our channels at YouTube , LinkedIn , X , Instagram and Facebook .…

IPWatchdog Unleashed

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Thoughtfully and Intentionally Building and Managing an In-House IP Team 54:57

منذ 11 weeks54:57

54:57

This week my conversation is with Carlo Cotrone, who is a Chief IP Counsel and frequent contributor to IPWatchdog, both our online publication and at our in-person programs. Carlo writes and speaks frequently about setting up, growing and managing in-house IP departments, and that is the focus of our conversation. We discuss taking a holistic view that focuses on the IP strategy, the people, and the operational aspects of building and managing a team, which includes both in-house employees, outside law firms and service providers, all working together in coordination to deliver high impact for the company. During our conversation we discuss the need to guard against your in-house team falling into doing commoditized work, which gets in the way of your in-house team really partnering with the business and maximizing value for the company. We also discuss what Carlo refers to as “servant leadership”, and when he discusses the concept of servant leadership you can’t help but be reminded of the old saying about nothing being impossible to accomplish if you don’t care who gets the credit. Carlo explains that this service-oriented mindset has allowed him to confidently and carefully navigate whatever issues arise in a thoughtful and intentional way. And it is “intentionality” that Carlo focuses on repeatedly in his writings, presentations and during this conversation, because as he explains constantly fighting fires is not the right way to do business. Sure, things need to be done and issues will arise, but to successfully lead you need to focus on the fundamentals, strategy, people, operations, and periodically reevaluate all of the above to ensure the ideas and plans you are trying to execute continue to make sense and everyone is rowing in the same direction and toward the same goals, ensuring that that status quo is not being accepted and the team is delivering what the company and internal clients deserve and require. Visit us online at IPWatchdog.com . You can also visit our channels at YouTube , LinkedIn , X , Instagram and Facebook .…

IPWatchdog Unleashed

1
Using Trademarks & Trade Dress to Fight Counterfeits & Copycats 49:13

منذ 12 weeks49:13

49:13

This week my conversation is with Leo White, who is Chief IP Counsel and Associate General Counsel for The Duracell Company. Leo is a patent professional by training, first starting out as an engineer, then like so many in the patent field have done he became a patent agent, then went to law school, and thanks to hard work, good mentoring and being in the right place at the right time he became an IP attorney for The Duracell Company, ultimately rising to become the top IP attorney for this American Manufacturer with one of the more iconic brands in the world. During our conversation we begin by briefly talking about patent strategy, but then move quickly to brand protection, trademarks, trade dress and effectively working with customs agencies around the world. While Duracell does patent its various battery technologies, and while White is responsible for maintaining a worldwide patent portfolio for the company, the company’s trademark and trade dress portfolio are the IP tools of choice used most often when working to fight the never-ending battle against counterfeiters and copycats, and to also protect against gray market imports. Visit us online at IPWatchdog.com . You can also visit our channels at YouTube , LinkedIn , X , Instagram and Facebook .…

IPWatchdog Unleashed

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Patents as an Asset 47:00

منذ 13 weeks47:00

47:00

This week on IPWatchdog Unleashed we speak with Brian Hinman, who is one of the leading IP executives and investors in the world. Brian has held senior executive positions at leading technology companies, such as IBM, Philips and Verizon. And after spending more than 6 years as the Chief Innovation Officer for Aon, today he is Chief IP Officer for Cote Capital. During our conversation Hinman explains how Cote provides capital for scaling manufacturing and operations, with IP assets backing the investment. The way Hinman describes this IP asset-backed investment strategy sounds lot more owner-friendly and startup-friendly than a typical venture capital round of investment, which often requires owners to give up more than half the company in order to receive an investment. During our conversation we also discuss pending legislation, particularly the RESTORE Act, which would effectively overrule eBay and create a presumption than a permanent injunction is the proper remedy, with Hinman explaining that the legislation places the burden on the infringer to demonstrate that a permanent injunction is not warranted, which according to Hinman is the way it should be. Visit us online at IPWatchdog.com . You can also visit our channels at YouTube , LinkedIn , X , Instagram and Facebook .…

IPWatchdog Unleashed

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False PTO Narratives and the Urgent Need for PTAB Reform 31:14

منذ 14 weeks31:14

31:14

On the heels of the PREVAIL Act passing in the Senate Judiciary Committee, the very next day USPTO Director Kathi Vidal wrote on the Director’s Blog about how wonderful the PTAB has been, saying in part: “Since AIA proceedings began over a decade ago, almost 70% of challenged patents have been upheld at the PTAB.” This claim by Director Vidal initially made me speechless. Simply stated, she is wrong. It is absolutely false for anyone to say or suggest that 70% of challenged patents have been upheld at the PTAB. This claim is not true. It is pure fiction. PTAB stats admit that out of those patents that reach a final written decision 85% lose at least one claim and 70% lost all claims. That is the reality for patent owners. If the PTAB issues a final decision you are virtually certain to lose, and these statistics have largely remained unchanged, with only minimal fluctuation since the inception of the PTAB in 2012. So, exactly who is fooling who? The way the rules are structured, and the way we have actually witnessed the PTAB operate, confirms that no patent is safe ever. And this is not meant as any indictment of PTAB judges—they are just doing the job as defined in the staute passed by Congress and the rules created by the PTO. This is, however, a scathing indictment of those laws and rules, which are in desperate need of reform. Visit us online at IPWatchdog.com . You can also visit our channels at YouTube , LinkedIn , X , Instagram and Facebook .…

IPWatchdog Unleashed

1
Monetizing Streams of Revenue Backed by Intangible Assets 39:54

منذ 15 weeks39:54

39:54

This week I speak with Josh Harlan, who is the founder and managing partner of Harlan Capital Partners, which is a privately held investment firm based in Palm Beach, Florida, and which focuses on asset-based investments, including investments backed by media and intellectual property rights, and specifically the monetization of streams of revenue back by intangible assets. During our conversation we speak about various investable streams of revenue in the media, sports and IP universe, and then we also make a hard pivot to discuss artificial intelligence, and what those looking to invest in AI should be considering, the viability of fair use as a defense to the ongoing lawsuits brought by copyright owners against AI developers, and the likely future marketplace for the monetization of training data and AI outputs. Harlan sees the possibility of “some pretty big damages awards on a one-time basis” for content creators in their copyright lawsuits against large AI developers but doesn’t see these legal issues as an existential threat to the AI industry. Visit us online at IPWatchdog.com . You can also visit our channels at YouTube , LinkedIn , X , Instagram and Facebook .…

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